VINOD BALMIKI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned A.G.A. for the State and Sri Brij Lal, learned Counsel for the Union of India. The petitioner has been detained by the District Magistrate, Ghaziabad vide his order dated 20.9.2014 passed by him in the exercise of his power under section 3(3)of the National Security Act (hereinafter referred to as the 'Act').

(2.) THE relevant facts giving rise to this writ petition as narrated in the grounds of detention under section 8 of the Act which were served upon the petitioner along with the detention order on 20.9.2014 while he was in District Jail, Ghaziabad on account of his being accused in Case Crime No. 2233 of 2014, P.S. Loni, district -Ghaziabad are that following lodging of an F.I.R. at P.S. Loni, district -Ghaziabad under sections 354(B) and 506 I.P.C. by one Smt. Kishan Kumari against one Sayeed Mohammad alleging there in that aforesaid Sayeed Mohammad had committed rape of her minor daughter Rakhi, aged about ten years, which was later converted under section 376(2)(D) I.P.C. and section 4 The Protection of Children From Sexual Offences Act and aforesaid Sayeed Mohammad being arrested and sent to jail, the petitioner along with his associates, with the object of giving a communal complexion to the whole incident and disturb communal harmony started indulging in hooliganism against the muslim community as a result fear and terror prevailed amongst the public causing a stampede with people running helter -skelter leaving behind their shoes and slippers on the road and hiding themselves in their houses and shops by closing the doors of their houses and downing the shutters of their shops. Apart from the aforesaid, the movement of vehicles deployed for supplying milk and vegetables to Baghpat, ambulance and vehicles engaged in supplying gas was totally disturbed. However the situation was brought under control by the police force which had reached the place of occurrence.

(3.) PEOPLE were prevented from going to their offices and establishments and an atmosphere of undeclared curfew prevailed Additional forces had to be requisitioned from other police stations and adjoining districts after Senior Superintendent of Police, Ghaziabad was compelled to enforce Red Scheme and it was only after three or four hours that situation could be brought under control on the arrival of additional police forces. The aforesaid incident had caused tremendous resentment amongst the muslim community. On the basis of F.I.R. of the aforesaid incident lodged by the Inspector Incharge Gorakh Nath Yadav at police station -Loni Case Crime No. 2235 of 2014, under sections 147, 148, 149, 436, 341, 336, 332, 353, 153 -A, 395, 397, 307 and 427 I.P.C. and section 3/4 Prevention of Damages to Public Property Act and section 7 Criminal Law Amendment Act was registered against the petitioner and his associates.